[HISTORY: Adopted by the Board of Supervisors of the Township
of Codorus as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-13-1977 by Ord. No. 77-1]
This article shall be known as the "Codorus Township Sewage
Permit Ordinance."
[Added 2-11-1981 by Ord.
No. 81-1]
It shall be unlawful for any person, firm, association or corporation
to maintain or use any sewage disposal system of any kind so that
vectors (insects and rodents capable of carrying disease) may have
access to the excrementitious matter contained thereon or so that
such sewage disposal directly or indirectly drains or discharges over
or upon the surface of the ground or into any waters of the Township.
It shall also be unlawful for any person, firm, association or corporation
to fail to comply with the requirements set forth in Subsections A
and/or B of this section.
A.
In the event any sewage disposal system shall be in violation of this § 191-2 of this article, the owner of such system shall within two days of the occurrence of such violation apply to the Sewage Enforcement Officer for a permit to repair or replace such system, and within 10 days of being requested to do so, shall make such tests as the Sewage Enforcement Officer deems necessary to enable him to determine whether the sewage disposal system can be repaired and, if so, how it can be repaired, or if it cannot be repaired whether it can be replaced, and if so, how it can be replaced. The Sewage Enforcement Officer shall investigate the conditions and evaluate the tests made by the owner, and if he determines the system can be repaired or, alternatively, be replaced, he shall issue a permit authorizing such repair or replacement. He shall set forth on the permit, or on an attachment thereto, the steps that the owner is to take to effect the repair and/or replacement of the system.
B.
The owner shall, within 10 days of the issuance of such permit, complete
the repair and/or replacement of the sewage disposal system in accordance
with the requirements set forth on the permit or on the attachment
thereto unless the Sewage Enforcement Officer grants an extension
of time, in writing, in which event the repair and/or replacement
shall be completed within the extended time. No work shall be covered
until inspected by the Sewage Enforcement Officer.
All words and phrases used in this article shall have ascribed
to them the meanings and definitions as set forth in Section 2 of
the Pennsylvania Sewage Facilities Act,[1] as amended, and the Rules and Regulations adopted thereunder
by the Pennsylvania Department of Environmental Resources.
[1]
Editor's Note: See 35 P.S. § 750.2.
No person shall install, construct, or request bid proposals
for construction or alteration of any individual sewage system or
community sewage system or construct or request bid proposals for
construction, or install or occupy any building or construction for
which an individual sewage system or community sewage system is to
be installed without first obtaining a permit indicating that the
site and plans and specifications of such system are in compliance
with the provisions of Act No. 537, as amended by Act. No. 208,[1] and the Standards, Rules and Regulations adopted thereunder
by the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See the Sewage Facilities Act, 35 P.S. § 750.1
et seq.
The position of Sewage Enforcement Officer is hereby created,
which position shall be filled from time to time by such person as
the Board of Supervisors of Codorus Township shall by resolution appoint.
No person shall be appointed as Sewage Enforcement Officer unless
such person shall have been certified as "qualified" by the Pennsylvania
Department of Environmental Protection. It shall be the duty of the
Sewage Enforcement Officer to perform the duties and responsibilities
imposed upon Codorus Township in connection with the administration
and enforcement of the Pennsylvania Sewage Facilities Act, as amended,
and the provisions of this article.
Applications for sewage permits shall be made, in writing, to Codorus Township and filed with the Sewage Enforcement Officer. Such application shall be made on the standard form adopted by or prescribed by the Pennsylvania Department of Environmental Protection and/or Codorus Township and shall contain such data as shall from time to time be required by the Pennsylvania Sewage Facilities Act, the Standards, Rules and Regulations adopted by the Pennsylvania Department of Environmental Resources, and/or Codorus Township. The application shall be accompanied by the applicable application fee or deposit as set forth in § 191-7 below, which application fee or deposit shall be payable to Codorus Township.
A.
Application fees shall be in accordance with the prevailing fee schedule
as adopted from time to time by resolution of the Board of Supervisors
of Codorus Township and shall be payable when the application is first
submitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Final approval of the permit may be withheld until the entire application
fee shall be paid.
It shall be unlawful for any person to permanently cover or
cause to be permanently covered any test site, boring or excavation
done pursuant to a percolation test or probe hole test in connection
with the obtaining of a sewage permit unless and until such test site
boring or excavation has been inspected by the Sewage Enforcement
Officer and approval has been given to the applicant to cover such
site.
A.
In the event that the Sewage Enforcement Officer is unavailable or
is unable to inspect the test site, boring or excavation done pursuant
to a percolation test or a probe hole test and where such excavation
shall remain open for a period in excess of 24 hours, the owner or
owners of the land on which such test site shall be located, shall
cover or cause to be covered any and all borings or excavations with
materials which may be removed by the Sewage Enforcement Officer to
permit inspection. The minimum standard for such covering materials
shall be 1/2-inch plywood of four feet by eight feet standard dimensions,
which shall be secured in a manner so as to prohibit and prevent children
or other unauthorized persons from gaining access to the test site,
boring or excavation.
All of the provisions of Act No. 537, as amended by Act No.
208, as well as such Standards, Rules and Regulations, as may be adopted
by the Pennsylvania Department of Environmental Protection from time
to time, as said provisions, Standards, Rules and Regulations apply
to Codorus Township, are hereby incorporated by reference as a part
of this article; provided, however, that the provisions of said Acts
and the Standards, Rules and Regulations adopted thereunder shall
apply in every case regardless of the size lot or area to be served
by the sewage system, and notwithstanding any limitations to the contrary
in said Acts, Standards, Rules and Regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation violating any provision of this
article, or who fails to act in compliance with this article, shall
be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a.
The provisions of this article are severable. In the event any
provision, section, sentence, clause or part of this article shall
be held to be unconstitutional, illegal, or invalid, such unconstitutionality,
illegality, or invalidity shall not affect or impair any remaining
provisions, section, sentence, clause, or part of this article. It
is hereby declared to be the intent of the Board of Supervisors of
Codorus Township that such remainder of the article shall be and shall
remain in full force and effect.
All ordinances or portions of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
[Adopted 5-9-1990 by Ord.
No. 90-1]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new holding tanks designed to
receive and retain sewage whether from residential or commercial uses
and it is hereby declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Board of Supervisors of Codorus Township, York County,
Pennsylvania.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Codorus Township, York County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation.
That the Authority is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank use, sewage
disposal and sewage collection and transportation thereof.
That the Authority is hereby authorized and empowered to adopt
such rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
All such rules and regulations adopted by the Authority shall
be in conformity with the provisions herein, all other ordinances
of the Township, and all applicable laws, and applicable rules and
regulations, of administrative agencies of the Commonwealth of Pennsylvania.
The Authority shall have the right and power to fix, alter,
charge and collect rates, assessments, and other charges in the area
served by its facilities at reasonable and uniform rates as authorized
by applicable law.
A.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the Authority, and the disposal thereof
shall be made only at such site or sites as may be approved by the
Department of Environmental Protection of the Commonwealth of Pennsylvania.
B.
The Authority will receive, review and retain pumping receipts from
permitted holding tanks.
C.
The Authority will complete and retain annual inspection reports
for each permitted tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this article or any
ordinance of this Township, the provisions of any applicable law,
and the rules and regulations of the Authority and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the Authority or its agent to inspect holding tanks on
an annual basis.
C.
Permit only the Authority or its agent to collect, transport, and
dispose of the contents therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation violating any provision of this
article, or who fails to act in compliance with this article, shall
be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a.
In addition to any other remedies provided in this article, any violation of § 191-21 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All ordinances or resolutions or parts of ordinances or resolutions,
insofar as they are inconsistent herewith, be and the same are hereby
repealed.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors of the Township, that this article would have
been adopted had such constitutional, illegal or invalid sentence,
clause, section or part thereof not been included therein.
This article shall become effective five days after its adoption.
